UNITED STATES v. BARNES

No. 77-5641. Summary Calendar.

569 F.2d 862 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Robert A. BARNES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 15, 1978.


Attorney(s) appearing for the Case

Terry P. Lewis, Tallahassee, Fla. (Court-appointed), for defendant-appellant.

Nickolas P. Geeker, U. S. Atty., Pensacola, Fla., Donald Modesitt, Asst. U. S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Before RONEY, GEE and FAY, Circuit Judges.


PER CURIAM:

The appellant, Robert Barnes, an inmate at the Federal Correctional Institute in Tallahassee, Florida, was discovered grinding the tip of a recently stolen automobile antenna to a sharp, knife-like point. He was convicted of conveying a weapon from place to place within a prison in violation of 18 U.S.C. § 1792. We affirm.

The evidence showed that the appellant, when caught grinding the 13" antenna in the prison auto body shop, surrendered...

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